Firesafety practice shall be observed as set forth in this article
to ensure that property and materials shall be maintained in a manner
which will provide the public with safeguards from the hazards of
fire, explosion, structural instability or the release of toxic gases.
It shall be prohibited to remove paint or thaw out frozen pipes
with a torch or other flame-producing device unless there is a listed
and appropriate type of fire extinguisher and/or a water hose connected
to a water supply that is capable of applying a water stream on all
affected areas. In occupied structures, the person or persons removing
the paint or thawing the pipes shall remain in view of this area at
all times and for one hour after using the torch or flame-producing
device.
[Amended 4-26-2021 by L.L. No. 5-2021]
In addition to the provisions set forth in §§
156-1 through
156-4, the New York State Uniform Fire Prevention and Building Code ("Uniform Code") and the New York State Energy Conservation Construction Code ("Energy Code") shall be deemed incorporated into the provisions of this article as if fully set forth and recited herein.
[Amended 4-26-2021 by L.L. No. 5-2021]
The Chief of the Village of Lancaster Fire Department shall
promptly notify the Building Inspector of any fire or explosion involving
any structural damage, fuel burning appliance, chimney or gas vent
to any property within the Village.
[Amended 4-26-2021 by L.L. No. 5-2021; 12-12-2022 by L.L. No. 7-2022]
A. Inspections required. Fire safety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer or the Fire Inspector as agreed between them or as delegated
by the Village Board at the following intervals:
(1) Fire safety and property maintenance inspections of buildings or
structures which contain an area of public assembly shall be performed
at least once every 12 months.
(2) Fire safety and property maintenance inspections of all multiple dwellings not included in Subsection
(1) of this subsection, and all nonresidential buildings, structures, uses and occupancies not included in Subsection
(1) of this subsection, shall be performed at least once every 36 months.
(3) Fire safety and property maintenance inspections of all public and
private schools and colleges, including any buildings of such schools
or colleges containing classrooms, dormitories, fraternities, sororities,
laboratories, physical education, dining, or recreational facilities
shall be conducted at least once every 12 months.
B. Remote inspections. At the discretion of the Code Enforcement Officer
or the Fire Inspector, a remote inspection may be performed in lieu
of in-person inspections when, in the opinion of the Code Enforcement
Officer or the Fire Inspector, the remote inspection can be performed
to the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Code Enforcement Officer
or the Fire Inspector that the premises conform with the applicable
provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference. Should
a remote inspection not afford the Code Enforcement Officer or the
Fire Inspector sufficient information to make a determination, an
in-person inspection shall be performed.
C. Inspections permitted. In addition to the inspections required by Subsection
A of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or the Fire Inspector at any time upon:
(1) The request of the owner of the property to be inspected or an authorized
agent of such owner;
(2) Receipt by the Code Enforcement Officer or the Fire Inspector of
a written statement alleging that conditions or activities failing
to comply with the Uniform Code or Energy Code exist; or
(3) Receipt by the Code Enforcement Officer or the Fire Inspector of
any other information, reasonably believed by the Code Enforcement
Officer or the Fire Inspector to be reliable, giving rise to reasonable
cause to believe that conditions or activities failing to comply with
the Uniform Code or Energy Code exist; provided, however, that nothing
in this subsection shall be construed as permitting an inspection
under any circumstances under which a court order or warrant permitting
such inspection is required, unless such court order or warrant shall
have been obtained.
D. OFPC inspections. Nothing in this section or in any other provision
of this article shall supersede, limit or impair the powers, duties
and responsibilities of the New York State Office of Fire Prevention
and Control (OFPC) and the New York State Fire Administrator under
Executive Law § 156-e and Education Law § 807-b.
Notwithstanding any other provision of this section to the contrary:
(1) The Code Enforcement Officer and the Fire Inspector shall not perform
fire safety and property maintenance inspections of a building or
structure which contains an area of public assembly if OFPC performs
fire safety and property maintenance inspections of such building
or structure at least once every 12 months;
(2) The Code Enforcement Officer and the Fire Inspector shall not perform fire safety and property maintenance inspections of a multiple dwelling not included in Subsection
(1) of Subsection
A of this section if OFPC performs fire safety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection
(2) of Subsection
A of this section; and
(3) The Code Enforcement Officer and the Fire Inspector shall not perform fire safety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection
(1) of Subsection
A of this section if OFPC performs fire safety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection
(2) of Subsection
A of this section.
E. Notwithstanding any other provision of this section to the contrary,
the Code Enforcement Officer may accept an inspection performed by
the Office of Fire Prevention and Control or other authorized entity
pursuant to §§ 807-a and 807-b of the Education Law
and/or § 156-e of the Executive Law, in lieu of a fire safety
and property maintenance inspection performed by the Code Enforcement
Officer or by an inspector, provided that:
(1) The Code Enforcement Officer is satisfied that the individual performing
such inspection satisfies the requirements set forth in 19 NYCRR Section
1203.2(e);
(2) The Code Enforcement Officer is satisfied that such inspection covers
all elements required to be covered by a fire safety and property
maintenance inspection;
(3) Such inspections are performed no less frequently than once a year;
(4) A true and complete copy of the report of each such inspection is
provided to the Code Enforcement Officer; and
(5) Upon receipt of each such report, the Code Enforcement Officer takes the appropriate action prescribed by §
104-35, Violations, of Chapter
104, Building and Construction, of the Village Code.
F. Fee. The fee specified in or determined in accordance with the provisions set forth in Chapter
144, Fees, must be paid prior to or at the time of each inspection performed pursuant to this section. This subsection shall not apply to inspections performed by OFPC.
[Amended 4-26-2021 by L.L. No. 5-2021]
The Code Enforcement Officer or the Fire Inspector as agreed
between them or as delegated by the Village Board shall review and
investigate complaints which allege or assert the existence of conditions
or activities that fail to comply with the Uniform Code, the Energy
Code, this article or any other Village Code provisions adopted for
administration and enforcement of the Uniform Code or the Energy Code.
The process for responding to a complaint shall include such of the
following steps as the Code Enforcement Officer or the Fire Inspector
may deem to be appropriate:
A. Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
B. If appropriate, requesting that the Building Inspector issue a stop-work
order;
C. If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
[Added 4-26-2021 by L.L.
No. 5-2021]
This article shall be enforced by the Village of Lancaster Code
Enforcement Officer and Fire Inspector or other individual authorized
by the Village Board of the Village of Lancaster.
[Added 4-26-2021 by L.L.
No. 5-2021; amended 7-8-2024 by L.L. No. 3-2024]
Any person committing an offense against any provision of this article or code adopted hereby shall, upon conviction thereof, be punishable as provided in Chapter
1, General Provisions, Article
II, Penalties for Offenses, of the Village Code of Lancaster.
[Added 4-26-2021 by L.L.
No. 5-2021]
In addition to the foregoing remedies, the Village Board may
institute any appropriate action or proceedings to prevent, correct
or restrain any violations of this article.
[Added 7-8-2024 by L.L. No. 3-2024]
It is the intent of this article to protect and promote the
health, safety and general welfare of the residents of the Village
of Lancaster by reducing the number of avoidable alarms of fire which
undermine the effective utilization of firefighting personnel and
resources, which require emergency responses exposing persons and
property to unnecessary risks, which impede responses to genuine emergencies,
and which produce unnecessary alarm noise.
For the purpose of this article, the following terms shall have
the meanings ascribed to them. All other words shall have the meanings
normally ascribed to them in regular usage.
ALARM SYSTEM
A device or an assembly of equipment which is designed to
detect smoke, abnormal rise in temperature, or fire in a building,
structure or facility and, by reason thereof, emit an audible response
intended to alert persons outside of the premises and/or transmit
a signal or message to a police department, fire department, fire
district or fire company either directly or through a private reporting
service.
AUTHORIZED VILLAGE AUTHORITY
A Chief of the Village of Lancaster Volunteer Fire Department
or the Village of Lancaster Code Enforcement Officer.
AVOIDABLE ALARM
A.
The activation of an alarm system through mechanical failure,
malfunction, improper installation or the negligence or carelessness
of the owner, user, custodian, operator or lessee of the alarm system
or that person's employee(s), guests(s) or agent(s) resulting in an
emergency response from the Village of Lancaster Volunteer Fire Department
when in fact an emergency requiring such response does not exist;
or
B.
The intentional activation of an alarm system resulting in an
emergency response from the Village of Lancaster Volunteer Fire Department
when the person activating it knows an emergency does not exist; or
C.
An alarm system activation resulting in an emergency response
from the Village of Lancaster Volunteer Fire Department when an investigation
by an authorized Village authority reveals no evidence of the existence
of an emergency; provided, however:
(1)
An avoidable alarm is not deemed to include the activation of
an alarm system by the violent conditions of nature or similar causes
beyond the control of the owner, user, custodian, operator or lessee
of the premises served or that person's employee(s), guests(s), or
agent(s); and further provided
(2)
An avoidable alarm is not deemed to include the activation of
an alarm system under any circumstances in which the person activating
the alarm system reasonably believes that an emergency situation exists.
OWNER
The owner(s) of a parcel of real property as shown by the
records of the Town of Lancaster Assessor. As the term "owner" is
used in this article, the owner of a parcel of real property shall
be deemed to be the owner of all structures, buildings, appurtenances
and personal property situated upon said real property, including
all trailers, vehicles or other similar personal property.
Exempt from this article will be buildings owned or operated
by the Village of Lancaster, the Town of Lancaster, and the Lancaster
Central School District.